New banking ombudsman for you and I

Published Sep 3, 1997

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It is crucial that the public and the media know what the ombudsman has to say about the affairs of South Africa's banking industry.

Charl Cilliers, the first independent ombudsman for the banking industry, intends to put his money where his mouth is on this and other matters.

A retired attorney with extensive experience as an ombudsman, Cilliers this week told Personal Finance he was committed to "helping the small person who is at a tremendous disadvantage when dealing with a big organisation".

His distinguished record of protecting the rights of the individual includes his work on the ombudsman's committee of the International Bar Association (IBA), Auto & General and Standard Bank Financial Services.

"What appeals to me about the function of an ombudsman is that you're not merely dealing with a strictly legal approach, but that you also introduce elements of justice and fair play.

"The whole concept hangs around the problems the small person has in dealing with a bureaucratic system."

He says his long involvement with the Legal Resources Centre showed him how important it is to have someone with know-how who can intervene on your behalf.

"So, the poorest of poor were able to take on cabinet ministers, the government, etc."

Cilliers says, however, that an understanding of the problems the public have in dealing with bureaucracy, doesn't necessarily mean that the ombudsman will always decide in favour of the individual.

He says the appointment of an independent ombudsman by the Council of South African Banks (Cosab) puts merit in the argument that his decisions should not be binding on Cosab or the complainants.

It means both parties have the option of going to court if they disagree with a finding.

"If the banks turn down a lot of my recommendations or ignore them, then I'll know it isn't working and it will either mean that I'm no good or that they're not playing the game."

Cilliers says it is in everyone's interest that the public and media should be informed regularly of the findings of the ombudsman.

"I have the right to publish from time to time. If I believe it is in the public's interest that attention should be drawn to something on an interim basis, I will make sure it happens."

He believes the appointment of an independent ombudsman is "an enormous step forward" and indicates that Cosab has stuck its neck out in recognising that the system, where its own CEO acted as ombudsman for the banking industry, was flawed.

Cilliers' office will be open from the beginning of November, although he has agreed to give urgent attention to specific matters before then.

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